13. A redrawn Winner, if any, will be notified in writing and via the phone within two (2) business days of the redraw. The name of any re-drawn Winner will be published on the Velocity Frequent Flyer website on the second business day after the redraw draw.
14. Entries not fully complying with these Conditions of Entry may be deemed invalid at the Promoter’s discretion. If a winning entry is deemed not to comply with these Conditions of Entry, the entry will be discarded and the relevant prize will be re-awarded in accordance with the relevant clause of these Conditions of Entry as if the discarded entry had not been received.
15. This is a game of chance and skill plays no part in determining the outcome.
16. There is one prize to be won for each of the first and second Individual Draws and three prizes to be won for each of the third and fourth Individual Draws. There are a total of eight prizes to be won throughout the Promotion Period. The first valid Entry drawn in each of the first and second Individual Draws and the first three valid Entries drawn in each of the third and fourth Individual Draws will win 10,000 Velocity Frequent Flyer Points which may be redeemed for goods and services with a maximum value of $305.16 AUD (including GST) in accordance with paragraph 19 and 20 below.
17. Total prize pool value for the Promotion Period is $2,441.28AUD (including GST). The prizes, or any unused portion of a prize, are not exchangeable, transferrable and cannot be taken as cash.
18. The Velocity Points will be credited to the Winner’s account within 30 days following acceptance of the prize by the Winner.
19. Use of Velocity Points is subject to the Velocity membership Terms and Conditions, which are located on the Velocity Frequent Flyer website at: https://www.velocityfrequentflyer.com/content/TermsConditions/
20. Velocity Points will be allocated to the Velocity member’s account only. Value is based on a sample of the Velocity Frequent Flyer Points options that could be obtained by redeeming the prize through the Velocity Frequent Flyer Points program at the time of this Promotion (as more fully defined in the terms and conditions of the Velocity Frequent Flyer Points program which can be viewed at www.velocityrewards.com). The estimate of value is provided for the purposes of licensing this promotion only – the value of the Velocity Frequent Flyer Points will vary depending on how and when they are redeemed by the winners through the Velocity Frequent Flyer Points program. Any ancillary costs associated with redeeming the Velocity Frequent Flyer Points are not included. Any unused balance of the Velocity Frequent Flyer Points will not be awarded as cash.
21. The Velocity Frequent Flyer Points can be redeemed through the Velocity Frequent Flyer Points program in several ways, in accordance with the terms and conditions of the Velocity Frequent Flyer Points program and Velocity Frequent Flyer Points store.
22. The prize will be awarded to the Entrant named in the Entry.
23. If any prize is unavailable, the Promoter, in its discretion, reserves the right to substitute the prize (or that part of the prize) with a prize to the equal value and/or specification, subject to any written directions from a regulatory authority.
E. Contacting the Entrant
24. By entering this Promotion, Entrants agree to be contacted in relation to this Promotion by the Promoter. Should an Entrant’s contact details change during the Promotion Period, it is the Entrant’s responsibility to notify the Promoter. A request to access or modify any information provided in an entry should be directed to the Promoter.
25. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event they are a Winner (including photograph, film and/or recording of the same) in any media for an unlimited period without remuneration for the purpose of promoting this promotion (including any outcome), and promoting any products manufactured, distributed and/or supplied by the Promoter.
26. Subject to the unclaimed prize draw clause, if for any reason a Winner does not redeem a prize by the time stipulated by the Promoter, then the prize will be forfeited.
27. The Promoter reserves the right to request that a Winner provides, at any time, proof of identity, proof of age, proof of residency and/or proof of entry validity in order to claim a prize. Proof of identification, residency, age and entry considered suitable for verification is at the discretion of the Promoter. In the event that a Winner cannot provide suitable proof, the Winner will forfeit the prize in whole and no substitute will be offered.
F. Intellectual Property
28. Entrants agree that they are fully responsible for any materials they submit via the Promotion including but not limited to comments, recordings and images (Content). The Promoter shall not be liable in any way for any Content to the full extent permitted by law. The Promoter may remove or decline to publish any Content without notice for any reason whatsoever. Entrants warrant and agree that:
a. they will not submit any Content that is unlawful or fraudulent, or that the Promoter may deem in breach of any intellectual property, privacy, publicity or other rights, defamatory, obscene, derogatory, pornographic, sexually inappropriate, violent, abusive, harassing, threatening, objectionable with respect to race, religion, origin or gender, not suitable for children aged under 15, or otherwise unsuitable for publication;
b. their Content shall not contain viruses or cause injury or harm to any person or entity;
c. they will obtain prior consent from any person or from the owner(s) of any property that appears in their Content;
d. the Content is the original artistic and/or literary work of the entrant that does not infringe the rights of any third party;
e. they consent to any use of the Content which may otherwise infringe the Content creator’s/creators’ moral rights pursuant to the Copyright Act 1968 (Cth) and warrant that they have the full authority to grant these rights; and
f. they will comply with all applicable laws and regulations, including without limitation, those governing copyright, content, defamation, privacy, publicity and the access or use of others' computer or communication systems.
Without limiting any other terms herein, the Entrant agrees to indemnify the Promoter for any breach of the above terms.
29. As a condition of entering this Promotion, Entrants hereby assign to the Promoter, all right, title and interest in and to all intellectual property rights (including copyright but excluding moral rights) in any material created pursuant to the Entrant’s participation in any aspect of the Promotion (Works). Entrants acknowledge that the Promoter is free to use the Works and to exercise its rights in relation thereto and the Entrant will not be entitled to any fee for such use. Such use may include social media channels, publications including our inflight magazine, television commercials. Entrants agree they may not be attributed as the author of the Works and that the Promoter may undertake any act or omission in relation to the Works, which may otherwise constitute an infringement of their moral rights.
30. The Promoter may want a Winner to participate in promotional activity after the Promotion has ended. In consideration for the Promoter awarding the prize to a Winner, the Winner permits the Winner’s image and/or voice, as recorded, photographed or filmed during the Winner’s participation in the prize to appear in any media whatsoever throughout the world for an unlimited period and the Winner will not be entitled to any fee for such use.
31. The Promoter will not be liable for any tax liability, including without limitation income tax, fringe benefits tax, or any liability or loss of opportunity due to reportable fringe benefits, incurred by a Winner, an Entrant, and/or any other party in regards to any connection with participating in the Promotion or the receipt or use of any prize.
32. Entrants and/or the Winner will be required to pay any taxes and other airport related charges (including any applicable GST on those taxes and charges) which may be due on receipt or use of the prize.
33. Entrants should seek independent financial advice to ensure they understand possible tax implications in relation to any tax liability and/or reportable fringe benefits before acceptance or use of a prize.
34. The Promoter does not accept responsibility for and makes no representations about any tax liability as a result of participating in the Promotion or from receiving or using any of the prizes.
35. The other party must ensure that all promotional and marketing material prepared by the other party relating to the Promotion sufficiently notifies Entrants of the above conditions.
36. The Promoter, its agents and associate companies are not responsible for and exclude all liability (including negligence), for any variation in the prize value to that stated in these Conditions of Entry.
37. The Promoter reserves the right, at any time, to verify the validity of entries and to disqualify any entry which in the opinion of the Promoter, includes objectionable content, profanity, potentially insulting, inflammatory or defamatory statements, disqualify any Entrant who tampers with the entry process, who submits an entry that is not in accordance with these Conditions of Entry or who has, in the opinion of the Promoter, engaged in conduct in entering the Promotion which is fraudulent, misleading, deceptive or generally damaging to the goodwill or reputation of the Promotion and/or the Promoter. The Promoter reserves the right to disqualify a Winner if the Promoter becomes aware that the Winner and/or the Winner’s Entry is of a type described in this clause. Any Entrant disqualified under this clause is prohibited from any further participation in the Promotion. Errors and omissions may be accepted at the Promoter's discretion. Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver of those rights. The Promoter's legal rights to recover damages or other compensation from such an offender are reserved.
38. If there is a dispute as to the identity of an Entrant, the Promoter reserves the right, in its sole discretion, to determine the identity of the Entrant.
39. In the case of the intervention of any outside act, agent or event which prevents or significantly hinders the Promoter’s ability to proceed with the Promotion on the dates and in the manner described in these Conditions of Entry, including but not limited to vandalism, power failures, tempests, natural disasters, acts of God, civil unrest, strike, war, act of terrorism, the Promoter may in its absolute discretion cancel the Promotion and recommence it from the start on the same conditions, subject to any written directions given under State Regulation.
40. If for any reason this Promotion is not capable of running as planned, including due to infection by computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any causes beyond the control of the Promoter, which corrupt or affect the administration, security, fairness or integrity or proper conduct of this Promotion, the Promoter reserves the right in its sole discretion to disqualify any individual who tampers with the entry process, take any action that may be available and to cancel, terminate, modify or suspend the Promotion, or invalidate any affected entries, subject to any written direction given under State Regulation.
41. Nothing in these Conditions of Entry limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia (“Non-Excludable Guarantees”). Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and its associated agencies and companies (including their respective officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of or in connection with the promotion or any prize/s.
42. Except for any liability that cannot by law be excluded, including the Non-Excludable Guarantees, the Promoter and its associated agencies and companies (including their respective officers, employees and agents) is not responsible for and excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of: (a) any technical difficulties, delays or failures or equipment malfunction (whether or not under the Promoter’s control), including those resulting from accessing any materials related to this Promotion and any incorrect or inaccurate or incomplete information communicated in the course of, or in connection with, this Promotion as a result of such technical difficulties, delays or failures or equipment malfunction; (b) any theft, unauthorised access or third party interference; (c) lost or damaged Entries, prize claims or prizes; (d) any variation in prize value to that stated in these Conditions of Entry; (e) any tax liability incurred by a winner or entrant; or (f) acceptance and/or use of any prize.
43. The Promoter reserves the right in its sole discretion to disqualify any individual who the Promoter has reason to believe has breached any of these Conditions of Entry, or engaged in any unlawful or other improper misconduct calculated to jeopardise the fair and proper conduct of this Promotion. Any Entrant disqualified under this clause is prohibited from any further participation in the Promotion. The Promoter’s legal rights to recover damages or other compensation from such an offender are reserved.
44. The Promoter and their associated agencies and companies assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, internet failure, theft or destruction or unauthorised access to, or alteration of entries, and reserves the right to take any action that may be available.
47. Entrant’s personal information may be disclosed to State and Territory lottery departments and Winners’ names published as required under the relevant lottery legislation. A request to access, update or correct any information should be directed to the Promoter.